MATTER OF REPUBLIQUE FRANCAISE (CELLOSILK MFG. CO.)


284 A.D. 699 (1954)

In the Matter of the Arbitration between Republique Francaise, Appellant, and Cellosilk Mfg. Company, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

October 26, 1954.


Attorney(s) appearing for the Case

Edward W. Schall of counsel (Cleary, Gottlieb, Friendly & Hamilton, attorneys), for appellant.

John P. Gorman of counsel (Francis X. Nestor and Thomas P. Riordan [of Illinois Bar] with him on the brief; Gorman & Nestor, attorneys), for respondent and Nathan J. Brown, both appearing specially.

DORE, J. P., COHN, BREITEL and BOTEIN, JJ., concur.


CALLAHAN, J.

In 1945 and 1946, respectively, the parties entered into two separate contracts for the sale of a commodity to be used as a glass substitute. Respondent seller was an Illinois corporation having its principal office in that State. Appellant buyer was a foreign Government contracting in its own name. The sales contracts provided that they were to be construed...

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